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1. CAC304 v Morris [2016] NZREADT 4 [pdf, 201 KB]

   ...Massam (the son of the said John Massam). We now cover only salient parts of the evidence of those witnesses. [21] Ms Ruissen’s evidence particularly focussed on the trustees meeting of 12 June 2012. Her evidence is consistent with the above statement of facts. She states that prior to the meeting of 12 June 2012 she had no knowledge whatsoever of the activities of Mr J Massam, her co-trustee, and the defendant Mr Morris as covered in the above facts. Ms Ruissen had no knowledge...

2. Wells & Anor v REAA CAC 20007 & Anor [2014] NZREADT 36 [pdf, 83 KB]

   ...lawyers for vendor and purchaser had agreed between themselves that the 8 deposit need not be paid until settlement date and that Ms Wells had agreed to that. She responded that was never put to her and that, surely, she would need to have consented before her lawyer could agree to such an arrangement. The Evidence of Ms H I Davidson – Solicitor for Appellants [47] Ms Davidson explained that the appellants sold the property in their capacity as trustees of the DB Wells Fam...

3. Smith v ACC [2014] NZACA 3 [pdf, 82 KB]

   ...costs awarded by the Review Officer in respect of three applications for review of decisions made by ACC in 1988, in the course of considering Mr Smith’s request for a reassessment of his lump sum compensation award for permanent disability, reinstatement of his earnings related compensation that had ceased in 1981, and retraining assistance to become a diesel mechanic. [2] Mr Smith sought costs of $2,225.00 for Review No. 1125589; $3,125.00 for Review No. 112590; and $3,125.00 for R...

4. LD & KL Trust v MT & HB LCRO 25/2015 (15 April 2016) [pdf, 106 KB]

   ...specific request required by rule 13.3(b). Letters were sent on a regular basis to contributors following the defaults advising what steps the nominee company was taking to recover the money owed to the mortgagee. This commenced with reassuring statements following the initial default:9 From our perspective, unless the default is remedied, we will move quickly to protect your interest by way of a mortgagee’s sale. Given the ratio of borrowing to the valuation, we do not anticipate an...

5. [2019] NZEmpC 46 Southern District Health Board v Glasson [pdf, 457 KB]

   ...not a mandatory requirement for her job. [43] That decision was surprising because Ms Wilson wrote the letter supporting Ms Glasson’s application for registration with the Technologists’ Board. The issues [44] Counsel filed a statement of agreed issues which, with minor adjustments, is summarised as follows: (a) Is Ms Glasson covered by the multi-employer collective agreement which covers South of Auckland sonographers? (b) In assessing whether she is covere...

6. Karaitiana - Runanga 2E [2022] Chief Judges MB 454 (2022 CJ 454) [pdf, 399 KB]

   ...kind referred to in paragraph (a)(i) or paragraph (a)(ii) or paragraph (a)(iii). [34] Therefore, I consider that the rationale for the decision of the former Chief Judge in the Matauri X Incorporation, was unique to its facts. It was not a general statement restricting the powers of the Chief Judge or his delegate. Thus, I consider that I do have jurisdiction under s 44 to determine this matter as the orders complained of were made in relation to the Court. In this case, the applica...

7. IPT 2021-22 Annual Report [pdf, 526 KB]

   ...the Court of Appeal, following an initial dismissal by the High Court. Matters Appealed to Higher Courts Since Tribunal’s Inception 273 162 26 9 76 36 0 50 100 150 200 250 300 Matters finalised Dismissed Allowed Settled by consent Discontinued; withdrawn or struck out Yet to be determined 21 Acknowledgements This is my first report as Chair of the Tribunal. I record my appreciation to the members of the Tribunal who have supported me and who h...

8. [2021] NZACC 105 - W v ACC (16 July 2021) [pdf, 384 KB]

   ...dismissed. Costs [76] I ask the parties to confer about costs. If costs cannot be settled by agreement then memoranda can be filed within 14 days of this decision. I will decide the matter of costs on the papers. Name Suppression [77] By consent there is an order that the name and any identifying details of the appellant are suppressed because of the nature of “W’s” injury. This case will be reported as “W” v ACC. P A Cunningham District Court Judg...

9. Puna v Puna - Rotopounamu 1B1A [2022] Chief Judges MB 28 (2022 CJ 28) [pdf, 335 KB]

   ...beneficiaries of the estate of Hare Puna subsequent to Probate being granted in the Supreme Court on 27 February 1970. Original documentation held on the succession file of Hare Puna or Hare Ngawhakakapingaote Rangi Puna (PF 15728) identifies this statement as clearly incorrect. A family arrangment dated 20 October 1972 executed by all of the 10 children of Mr Puna does exist and is held on his succession file (PF 15728). The executed family arrangement shows that the order made a...

10. [2023] NZEmpC 92 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [pdf, 331 KB]

    ...Trust Board, above n 3, at [5]. 19 See above [66]–[67]. acknowledgement was appropriate in each instance since it accords with the continuing obligation to disclose, as described in reg 50 of the Regulations. [107] I also made, by consent, a confidentiality direction in respect of a small portion of Mr Green’s affirmation; that meant the material could not be published beyond the parties. I reserved leave for any necessary directions. [108] I reserve costs. B A...